Gahagan v. USCIS, No. 15-1268, 2015 WL 6738537 (E.D. La. Nov. 4, 2015) (Barbier, J.)

Gahagan v. USCIS, No. 15-1268, 2015 WL 6738537 (E.D. La. Nov. 4, 2015) (Barbier, J.)

Re: Request for records concerning plaintiff's client

Disposition: Denying plaintiff's motion for attorney fees and costs

• Attorney Fees, Eligibility:  The court holds that "[b]ecause Plaintiff failed to show that he 'substantially prevailed' in his lawsuit against USCIS, he is not eligible to receive attorneys’ fees and costs."  The court explains that "[p]laintiff cannot show that [the] release was the result of his appeal [with the Court of Appeals for the Fifth Circuit;] [r]ather, the delay can be easily attributed to the referral from USCIS, which was in turn delayed because of an administrative backlog."  Also, "the filing of [a second and third motion for summary judgment] did not trigger the release of the Vaughn Index because ICE had already provided an index."  "Thus, it is unnecessary for this Court to consider whether Plaintiff is entitled to attorneys’ fees and whether those fees are reasonable."